Category: 237(a)(1)(A)

I have represented several individuals, both before the Service and immigration courts, who were inadmissible for a material misrepresentation under the Immigration and Naturalization Act (INA). The typical problem involves a situation where a person was applying for a visitor’s visa, says that he/she is married when she is not, and now is applying for permanent residence based on a marriage petition. During the adjustment of status interview, the misrepresentation is discovered and the application is denied or put on hold to allow the client to apply for a waiver. In some cases the client is even placed in removal proceedings after the application is denied under Section 237(a)(1)(A) of the Act.

The good thing about these charges, if you were before the Service, is that you can apply for a waiver of the ground of inadmissibility under INA 212(i). The waiver allows the Attorney General to waive the ground of inadmissibility if the alien’s removal would lead to extreme hardship to the alien’s US citizen child or spouse. In the case of a VAWA applicant, the immigrant would qualify for the waiver if the removal would lead to personal hardship.

I have represented several clients in removal proceedings who were placed there for one reason or another. The government bears the burden of proving removability in removal proceedings. The immigrant’s chances of success in both instances depend on the availability of a qualifying relative to show hardship and the evidence that the Service possesses to prove the misrepresentation. I have always tell people, these are very complicated cases and no one should attempt to apply on their own (without an attorney).

Please let me know if you have any questions. Also, feel free to add me on Linkedin, Google+, twitter, or leave a comment using the form below.

Disclaimer

Hiring an attorney is an important decision which should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.